In Georgia, “every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.” This is the exact language of O.C.G.A. § 16-2-20, When a person is a party to a crime. At first glance, the reach of this statute is quite far. After all, every person concerned in the commission of a crime might include bystanders, law enforcement, and even the victims themselves. Luckily, the statute tries to narrow itself by defining “concerned in the commission of a crime” as someone who either:
(1) directly commits the crime;
(2) causes someone else to commit the crime (when that other person isn’t, in fact, guilty);
(3) intentionally aids or abets in the commission of the crime; or
(4) intentionally advises, encourages, hires, counsels, or gets another to commit the crime.
Does that help you understand who, exactly, can be considered party to a crime? Based on the language of the statute, it is not totally obvious, and that is the point.
“Party to a Crime” is a catch-all statute, designed to ensnare criminals who otherwise would be able to walk away without punishment merely by showing that, “I didn’t even pull the trigger!” See e.g. Culberson v. State, 236 Ga. App. 482, 512 S.E.2d 367 (1999); Roberson v. State, 277 Ga. App. 557, 627 S.E.2d 161 (2006). The imprecise language of the statute ensures that the bar stays quite low when having to prove that someone is a party to a crime. The courts understand this, and consistently offer opinions which lower the evidentiary standard even further.
For instance, it is common knowledge in the legal community that “mere presence” is not enough to convict a party to a crime, but Courts have said that “presence, companionship, and conduct before and after” allow for criminal intent to be inferred. Kimbro v. State, 152 Ga. App. 893, 264 S.E.2d 327 (1980). In a juvenile case, the evidence was sufficient to find that the Defendant was a party to the crime based only on the facts that: (1) the Defendant was present; (2) the Defendant was purposefully present within the group that committed the crime; and (3) the Defendant ran away and lied to police. In the Interest of N.L.G., 267 Ga. App. 428, 600 S.E.2d 401 (2004)
Why does this matter? Because good people sometimes have bad friends. Every day, good people watch their friends steal, drive under the influence, buy or use illegal drugs, commit vandalism, etc., and while “mere presence” is not enough, with an enthusiastic prosecutor, even the smallest action can cause you to be a party to and thus, guilty of, the crime itself.
You merely “made copies for the boss?” You may be guilty of corporate fraud.
You only drove your pal to the gas station? You may be guilty of distribution of narcotics.
Consider this the next time you are around friends from the good old days. More importantly, educate your colleagues, your peers, and especially your children, that even if you aren’t doing anything wrong, the line between being innocent and being a co-defendant is razor thin.